United States of America v. Demetrius Alexander Smith Iii

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DEMETRIUS ALEXANDER SMITH III,
Defendant-Appellant.
Nos. 22-50052
22-50053
D.C. Nos.
2:02-cr-00097-CAS-1
2:19-cr-00414-CAS-1
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted June 26, 2023 **
Before: CANBY, S.R. THOMAS, and CHRISTEN, Circuit Judges.
In these consolidated appeals, Demetrius Alexander Smith III appeals from
the district court’s judgment and challenges the 36-month term of supervised
release imposed upon the second revocation of his supervised release. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JUL 13 2023
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 22-50052 & 22-50053
Smith contends that the supervised release term is substantively
unreasonable because it will not serve the statutory purpose of facilitating his
transition back to the community. The district court did not abuse its discretion.
See Gall v. United States, 552 U.S. 38, 51 (2007). The record reflects that the
district court wanted to provide a “safety net” for Smith given his history of mental
illness and violence. The 36-month term of supervised release is substantively
reasonable in light of the 18 U.S.C. § 3583 factors and the totality of the
circumstances, including the need to rehabilitate Smith and protect the public. See
Gall, 552 U.S. at 51; United States v. Hurt, 345 F.3d 1033, 1036 (9th Cir. 2003)
(“A violation of the conditions of supervised release does not obviate the need for
further supervision, but rather confirms the judgment that supervision was
necessary.”).
AFFIRMED.

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